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How you can have a simple case, do everything perfect, and INS still screw you over!

How you can have a simple case, do everything perfect, and INS still screw you over!

Old Oct 12th 2004, 7:42 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you ov

So sorry to read about your case, this INS business is certainly driving up the wall. Just seems like a never ending battle. Keep you chin up!

Originally Posted by Jana
<====THIS IS LONG====>

First I would like to start by saying I know there are cases out there who have had a lot of ups and downs due to different circumstances such as previous divorce, overstays, etc. I feel for you, I really do. But my situation could not be more simple. My husband came into this country on a K-1 visa. It took 10 months just to obtain that. Very difficult time for us to be apart like that when we wanted to start a marriage, but we pushed through. We made it! We got married June 20, 2003 and couldn't be happier. Shortly there after we filed for AOS at the Atlanta District Office. Our receipt is dated August 1, 2003. We applied for an EAD at the same time and it was granted on October 1, 2003.

So far so good....

Now, Atlanta is rather slow when it comes to adjucating AOS. In fact, their online status says they are still processing cases from 2002. So, we knew So sorry that we would probab

ly be
without the green card for quiet a long time. We didn't care. As long as we were together it wouldn't effect us that much. On July 7, 2004 my husband submitted his renewal application for his EAD. We did it online and went to Birmingham, Alabama to have his fingerprints done on July 24, 2004. We started to get a little concerned that he wouldn't receive it in time while checking online status for the National Benefits Center. We realized he would have to take a week off work because the card expired on October 1st and he couldn't get an interim until it had been 90 days which landed on Friday. His work was gracious enough to let him take the week off.

One weeks worth of pay gone = not so bad....

OK...this is where the juice of this story starts....

We woke up at 4 a.m. central on Friday morning and made a four hour journey to Atlanta for his interim EAD appointment. His appointment was at 12:15 eastern and we walked in at 12 p.m. with his infopass appointment in hand. We walked to the little desk, presented our letter and was directed to go to Room 111. We waited about 2 hours watching every single person in the room go to the counter except us. Finally, with only ourselves and another person in the room (who had already been called but was waiting on something) we were called to the counter. It went something like this:

Officer: Do you have your AOS receipt.

Me: Do you want the original or a copy (cause I had my hubby very prepared)

Officer: A copy is fine.

Marc (my husband) hands her a copy of the receipt.

Officer: Hmmmm

Me: What's wrong?

Officer: His file isn't here.

Me: What does that mean?

Officer: It was sent to the National Office (not sure exactly what she called it)

Me: OK, what does that mean?

Officer: The National Office is where cases go when they have been adjucated. It was sent there on July 18, 2003.

Me: Oh, that must be his K-1 file. Because we didn't file for AOS until August 1, 2003.

Officer: Well his file isn't here I will have to request it.

Me: Huh? (we are terribly confused and scared at this point...my husband was just sitting there in shocked silence)

Officer: We can't issue him an interim EAD.

Me: He is going to lose his job.

Officer: Well we can't issue him a card because we have to have the file.

Me: Can someone fax it over?

Officer: Not since 9/11 (god i hate that excuse)

Me: Uh...he is going to lose his job if he doesn't get this card, he has already been off for a week.

Officer: Well he isn't getting a card today.

Me: We drove four hours to be here. We had an appointment

Officer: Well you will have to drive 4 hours back when we get his file.

Me: We did everything by the book, this isn't our mistake but we are going to be hurting because of it.

Officer: Well you signed an affidavit of support saying you can support him.

Me: I can support him but we have plans. Imagine if you lost your job, how it would effect your family.

Officer: Well I can't help you. Do you want ME to lose MY job?

Me: ...

Officer: Want to talk to a supervisor?

Me: Yes please!


Sigh...so the supervisor says the same thing. Our case is so absolutely simple. No children, no previous marriages, no overstays. Just me and my husband. We left that place with no interim EAD, my husband will lose his job. Yes, I can afford to take care of him, but our plans to move, to have kids, to live away from the confines of the INS just got moved back to as long as they want to toy with us, which God only knows how long that will be.

Another thing I was told was that I should have already had my interview. Well that is total crap because I have heard of no one who has had their interview from Atlanta that soon. When I told the supervisor that my husband would lose his job she said "Do you have a letter of termination so we can expedite it?" What kind of question is that? Of course we don't! We had no way of knowing they were going to LOSE OUR FILE. She could have cared less.

So here I am...I have no idea what to do next. We are just totally in shock. We were told they would call us when the file comes in but I am not holding my breath. We don't know if we are going to have to resubmit. What about the hundreds of dollars I have poured into the INS. I just don't get it. Is there legal action to take? Will a senator help? Am I just screwed? This is not right, I am so completely angered that they can just take your life and twist it whatever way they see fit and then they JUST DON'T CARE!!! This is my life, my husband's life. They could care less....I give up! They win! Please, someone tell me there is SOMETHING that can be done?
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Old Oct 12th 2004, 7:45 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you ov

I seem to be in the same boat in regards to the interim EAD, had it since April and still have yet to get the full yr one. Looks like I may have to quit my job as well when it runs out later this year.


Originally Posted by LucyMO
I filed my AOS in Atlanta as well this summer, and it has been forwarded to NBC for preprocessing. From Jana's description it follows that to issue an Interim EAD, Atlanta office needs to request an AOS file from NBC and then on the basis of the AOS file issue an interim EAD. Do they then send the file back to NBC?

That just doesn't sound right. An interim EAD is what it is - an interim, issued by the local office where AOS was filed, while the regular EAD is being issued by the NBC.

Hmmm, that means I will have to leave my job next year again (I had to quit my last job, because of a gap between my old EAD and new EAD - and I am now in search of a new job). Darn.

I feel really bad for you, Jana and Marc. Good luck!
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Old Oct 12th 2004, 7:55 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Originally Posted by LucyMO
I filed my AOS in Atlanta as well this summer, and it has been forwarded to NBC for preprocessing. From Jana's description it follows that to issue an Interim EAD, Atlanta office needs to request an AOS file from NBC and then on the basis of the AOS file issue an interim EAD. Do they then send the file back to NBC?
Hi Lucy,
I too have my questions about some of the logistics now that more and more EAD and AP work seems to be going to the NBC for AOS cases filed at some of the district and suboffices. I want to see for myself how much of the file is sent, is it kept at the NBC or NRC (the two facilities are within 20 miles of each other), does it go back to the district of sub once the EAD and or AP is issued, what happens for subsequent AP's and EAD's (assuming they don't institute the change they hinted about recently whereby they would start issuing EAD's that would be good for as long as the AOS is pending), that sort of thing. I'm flying the Kansas City on November 1st (I'll be voting absentee this year) in order to attend meetings and tours of the NSC, NBC and NRC, and hopefully I'll get the answers to many of my NBC EAD/AP/AOS questions. I've toured each of these facilities in the past, however that was before this new work started going to the NBC; and I always come away from these events with a gem or three of information that ends up coming in handy during my client's important cases (and is information I like to share with the DIY community).
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Old Oct 12th 2004, 9:11 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you ov

Originally Posted by Matthew Udall
I'm flying the Kansas City on November 1st (I'll be voting absentee this year) in order to attend meetings and tours of the NSC, NBC and NRC, and hopefully I'll get the answers to many of my NBC EAD/AP/AOS questions. I've toured each of these facilities in the past, however that was before this new work started going to the NBC; and I always come away from these events with a gem or three of information that ends up coming in handy during my client's important cases (and is information I like to share with the DIY community).
Thanks to you and Mr. F. for all of the info you guys provide! I'm sure you already know what an incredible help it is to have the benefit of your experience and knowledge in this NG. Thank you for taking the time to share it with us.

Marnee
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Old Oct 12th 2004, 10:08 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you ov

Originally Posted by USA & Pakistan
Thanks to you and Mr. F. for all of the info you guys provide! I'm sure you already know what an incredible help it is to have the benefit of your experience and knowledge in this NG. Thank you for taking the time to share it with us.

Marnee
My pleasure, and thanks Marnee for your kind words. I'm actually looking forward to this fact finding trip to Nebraska and Missouri, and if anyone in the Lincoln area wants to get together on the evening of 11/02, let me know and we'll set something up (or in the Kansas City area on the evening of 11/03).

Here in California, attorney's are required to take a certain amount of continuing education classes, so naturally I try to pick classes that relate to immigration law (although there are some classes that one must take that would not relate to immigration law, for example, elimination of bias in the work place). The trips I take to visit the USCIS Service Centers come out of my own pocket and don't yield any continuing education credits, however I'm signed up for a credit's worth tonight by attending my local AILA chapter's monthly meeting (and dinner). Cost is $50.00, but I think the subject matter justifies the expense. Below is a blurb about what's on the agenda in tonight's meeting.

INSPECTIONS AND ADMISSIONS: Everything you ever wanted to know about inspection at the Northern and Southern land and air ports of entry. The panelist will enlighten practitioners regarding the inspection process covering secondary inspections, US-VISIT, look-out systems, withdrawal of admission, parole authority, abandonment of residence and expedited removal.
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Old Oct 12th 2004, 10:59 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Matt,

Originally Posted by Matthew Udall
"today I'll be spending a few minutes alerting the CSC that they got the middle name of one of my petitioners off by one letter (someone in data entry hit an "I" instead of an "E", which is not too uncommon of a typo when one looks at where those two letter are in relation to each other on the keyboard)."
The two letters are rather far apart, really, and are typed with different hands. Anyway....

Originally Posted by Matthew Udall
Hi Lucy,
I too have my questions about some of the logistics now that more and more EAD and AP work seems to be going to the NBC for AOS cases filed at some of the district and suboffices. I want to see for myself how much of the file is sent, is it kept at the NBC or NRC (the two facilities are within 20 miles of each other), does it go back to the district of sub once the EAD and or AP is issued, what happens for subsequent AP's and EAD's (assuming they don't institute the change they hinted about recently whereby they would start issuing EAD's that would be good for as long as the AOS is pending), that sort of thing. I'm flying the Kansas City on November 1st (I'll be voting absentee this year) in order to attend meetings and tours of the NSC, NBC and NRC, and hopefully I'll get the answers to many of my NBC EAD/AP/AOS questions. I've toured each of these facilities in the past, however that was before this new work started going to the NBC; and I always come away from these events with a gem or three of information that ends up coming in handy during my client's important cases (and is information I like to share with the DIY community).
Maybe you will find my wife's recent experience an interesting situation to inquire about, or perhaps you understand some of what happened already. She is a K3, and last Friday she went to our Sub Office to get an interim EAD, it's been a bit over 150 days since the Receipt Date on her Receipt Notice from the NBC. The USCIS officer brought up my wife's information on the computer and told her (my wife) that she (the officer) could not issue an interim EAD because the Receipt Date had been re-set, 90 days had not yet passed. My wife's AOS application had been rejected several times (dispute over the appropriate fee payment), and the Receipt Date for the I-765 was changed to match the Receipt Date for the I-485 that was finally accepted for processing in August. "You applied as (c)(9), right?"

"No", my wife replied, "I'm a K3, I applied as (a)(9). Here's a copy of the I-765 that I submitted before applying for adjustment."

The officer said she would "phone Missouri to straighten this out", and 15 minutes later she called my wife back to her window to say that everything was taken care of, the interim EAD would be issued. And it was.

Related info that may be relevant:
- My I-130 petition was approved by the NSC 9/22/2004.
- The I-765 was transferred by the NBC to the NSC on 9/27/2004.

Question: is it proper for the USCIS to change the basis for an I-765 from (a)(9) to (c)(9) if an I-485 is submitted subsequent to the I-765?

Regards, JEff
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Old Oct 12th 2004, 11:51 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Originally Posted by CSUMBERAC
Unfortunately, no post from this forum will be comforting if the person is speaking about applying for a green card in NY. GOOD LUCK! You might be one of the lucky ones that's case doesn't take 31 months

Don't think that is true. There are many here, ourselves included, who have gone through 26 Fed Plaza, NYC and walked out with green cards and some of us, even naturalizaiton.

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Old Oct 12th 2004, 11:55 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Jana

It sounds like our case. The AOS could not be adjudicated because the original file was sent to the national records center in Lee's Summit, MO. It was not closed but because NYC takes so long they sent the file for storage and called it back when adjudication of the AOS was to take place. Only thing was the file was not received in time.

For all intents and purposes, sounds like that same is what occurred with your husband's original file. It is not that was closed but stored off premises. At least from a subsequent post it would appear that MSC does have your husband's information and is working on his EAD and AP.

Here's hoping Atlanta either call's back his original file from the NRC or that MSC gets busy on his EAD soon.

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Old Oct 13th 2004, 12:17 am
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Originally Posted by Rete
Jana

It sounds like our case. The AOS could not be adjudicated because the original file was sent to the national records center in Lee's Summit, MO. It was not closed but because NYC takes so long they sent the file for storage and called it back when adjudication of the AOS was to take place. Only thing was the file was not received in time.

For all intents and purposes, sounds like that same is what occurred with your husband's original file. It is not that was closed but stored off premises. At least from a subsequent post it would appear that MSC does have your husband's information and is working on his EAD and AP.

Here's hoping Atlanta either call's back his original file from the NRC or that MSC gets busy on his EAD soon.

Rete
Thanks Rete, and everyone else who has replied. Here's a question though. If it was sent away for storage and Atlanta has now requested it back...what happens with my original EAD application? I am hoping the officer is correct that they may just go ahead and give my husband his Green Card interview and all this will be taken care of.
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Old Oct 13th 2004, 2:41 am
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Please excuse this off topic post but this is a bit wierd. I went to look up the latest responses to my post and for some reason this had moved to the third page. when I looked at last post it said "Yesterday by Solana". When I clicked Solana it went to my profile. And i posted earlier today. That was just really strange. Anyone else ever have this problem?

P.S. anyone know who "Solana" is?
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Old Oct 13th 2004, 2:57 am
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Originally Posted by Matthew Udall
Hi Lucy,
I too have my questions about some of the logistics now that more and more EAD and AP work seems to be going to the NBC for AOS cases filed at some of the district and suboffices. I want to see for myself how much of the file is sent..... and hopefully I'll get the answers to many of my NBC EAD/AP/AOS questions.
Do share the information with us, please. We'd be very grateful.

P.S. I did get my EAD issued by MSC within a month, but they didn't mail it to me until my biometrics were taken and processed. So, it was too late, and I had to quit my job. Perhaps, it's for the best, but I don't want to quit another one next year. We'll see.
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Old Oct 13th 2004, 6:19 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Originally Posted by Rukhie
Lucy,
I don't think that they actually bring the file to the local office....they check it on the computers. You wouldn't be issued an interim EAD the day you go to get it if that was the case. I think, in Jana's case, Marc's file didn't seem to appear in their computers.

Rukhie

I hope so, but there must have been a reason for their file not to show up on the computer. I am just trying to understand what that reason might have been.
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Old Oct 13th 2004, 7:11 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Originally Posted by Jana
Thanks Rete, and everyone else who has replied. Here's a question though. If it was sent away for storage and Atlanta has now requested it back...what happens with my original EAD application? I am hoping the officer is correct that they may just go ahead and give my husband his Green Card interview and all this will be taken care of.

With the intervention of the NBC/MSC in the process for the issuance of the EADs and APs, I don't know if they just send copies of your paperwork along with the originally filed applications or if they send everything. It would be great if he were to have his AOS interview shortly and that would end the need for an EAD.
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Old Oct 13th 2004, 7:13 pm
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Default Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Originally Posted by Eric S.
You might want to consult with an immigration attorney on this. I think I
remember reading on this forum that, just because his EAD is expired, that
doesn't mean he's not authorized to work. I think he is still authorized,
he just doesn't have the correct documentation at the moment. You might be
able to convince his employer of that and maybe they will let him keep
working. But again, I would check with an attorney if you can.

- Eric S.

That would certainly apply to the filing of the I-751 for removal of conditions. The status of resident does not expire although the green card has as long as your I-751 is pending. That does not, afaik, apply to an EAD which has a specific expiration date and requires renewal.

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Old Oct 20th 2004, 3:51 am
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Wink Re: How you can have a simple case, do everything perfect, and INS still screw you over!

Update on our situation:

First thanks to everyone who was supportive during this whole thing. It was a big help. So this is what happened. The Thursday that the INS was supposed to call us came and went with no phone call. On Friday I had Marc call the national customer service center. The Customer Service representative said that Atlanta was completely wrong in sending us away without any kind of processing and added that Atlanta "has a reputation of this". She forwarded my husband to an immigration officer. After my husband ask all his questions I got on the phone with her. Let me say that this was the nicest person in the INS. She was thoughtful and caring about our situation and completely felt for us. She was appauled when I told her some of the things the Atlanta office told us (like when I told them I had drove four hours to be there they said "well you will just have to drive four hours back") She said that it was (quote) "highly unlikely" the Atlanta office would be calling us back. She suggested we make another appointment and go back down there. So I looked online and the earliest appointment I could schedule was November 1st, 2 weeks away. Marc went in this morning to talk to his boss but he was in a meeting. So I went in to work and was talking to Marc on the phone discussing how we were going to deal with the situation. While I was on the phone with him I popped his MSC number into the online case status. I was shocked to see APPROVED!!!!!!!!!!!!!!!!!!!!!!!

We were so happy. I cancelled the Atlanta appointment and told Marc to call work and tell him he was going in tomorrow. We are so glad his boss wasn't available this morning or he might have quit his job for nothing!

I know its unlikely but I wonder if the nice immigration officer followed up on our case out of kindness. Regardless, I am going to contact INS and tell them what a wonderful Immigration Officer they have in Officer Simon. She also provided me with an address for the USCIS Internal Audits Department and strongly encouraged me to write them and tell them how I was treated at Atlanta.

One more year Atlantaless yay! (unless we get our green card interview...they have picked up the pace lately)
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